Secretarial knowledge > agreement

[excellent] pre-property management service agreement


Part 1: Early Property Management Services Agreement

Parties to this Agreement

Party A:

Party B:

Party A means:

Property management enterprises selected by real estate development units.

Party B means: the purchaser.

Pre-property management refers to: property management that is selected by the construction unit to be employed by the construction unit before the owner or the owner's meeting selects and hires the property management enterprise.

Property Name:

The sales contract number of the house purchased by Party B:

Basic information on the houses purchased by Party B:

Types of:

Location: Building unit

Building area: square meter

In accordance with relevant laws and regulations, on the basis of voluntariness, equality and consensus, when Party B signs the "House Sale Contract", Party A and Party B reach the following agreement on the previous property management services:

Article 1 Rights and obligations of both parties

1. Party A's rights and obligations

Maintenance, repair, service and management of property sharing parts, shared facilities and equipment, greening, environmental sanitation, safety precautions, transportation and other projects;

In accordance with relevant laws and policies, and in light of the actual situation, formulate the property management system and the “Code of Use of the Property” and inform Party B in writing;

Establish and improve the property management archives of the property;

Stop the violation of the property management system of the property and the Property Use Code;

According to the needs, the property management enterprise may entrust a special enterprise to undertake the special management and service business of the property, but may not transfer the overall management responsibility of the property to a third party;

According to the provisions of the “Preliminary Property Service Contract” signed with the developer, the property management fee will be charged to Party B;

Preparation of annual property management work plan, use plan for property sharing parts and maintenance facilities for shared facilities;

Every six months, Party B shall announce to Party B the revenue and expenditure accounts of property maintenance and renewal fees and the operating income of commercial buildings and other shared facilities and equipment;

Inform Party B in advance of the precautions and restrictions on the decoration of the house, and enter into the "House Decoration Management Agreement" with Party B;

Do not arbitrarily occupy the shared parts of the property, share facilities, equipment or change its function of use;

Provide Party B with paid services such as self-use parts, self-use facilities, equipment maintenance and repair;

If it is not renewed by the owner or the owners' meeting, the property management enterprise selected by the owner and the owners' meeting shall handle the relevant handover procedures within the day after the termination of this agreement, and the handover procedures shall be confirmed by the owners' committee.

2. Party B’s rights and obligations

Participate in the owners' meeting and enjoy the right to vote, to be elected and to supervise;

Supervise Party A's property management service behavior and provide opinions and suggestions to Party A on issues related to property management;

Comply with the Temporary Owners' Convention and the Code of Practice for the Use of the Property;

According to the provisions of the pre-property service contract signed by the developer and Party A, the property management fee shall be paid to Party A;

When decorating and decorating houses, sign a "House Decoration Management Agreement" with Party A, and abide by relevant regulations, rules and policies;

If it is not allowed to occupy or damage the shared parts of the property, share facilities or equipment, or change the function of use, causing losses, compensation shall be paid;

When transferring a house, Party A shall be notified in advance and the transferee shall be notified to sign this Agreement with Party A;

Civil liability for losses and damages caused by the tenant, the user and the visitor in violation of the property management system and the Property Use Code;

In accordance with the principles of safety, fairness and reasonableness, correctly handling the adjacent relationship of water supply and drainage, ventilation, lighting, maintenance, traffic, sanitation, environmental protection, etc. of the property shall not infringe on the legitimate rights and interests of others and the public;

Article 2 Property Management Service Contents

1. Maintenance and management of shared parts of houses

The shared part refers to the foyer, stairwell, pump room, meter room, elevator room, telephone branch room, elevator machine room, corridor passage, and communication room of the owner or single property owner of the property management area. , inner patio, housing load-bearing structure, outdoor wall, roof, and other parts.

2. Maintenance and management of housing shared facilities and equipment

The shared facilities and equipment refer to the water supply tanks, water pumps, drainage pipes, wells, septic tanks, garbage passages, garbage bins, TV antennas, elevators, which are used by the owners or users of all the owners or individual properties in the property management area. Lighting fixtures, building smart systems, lightning protection devices, fire appliances, security doors, postal mailboxes, entertainment facilities, and other facilities.

Third, environmental health

Cleaning of public places and road cleaning in the property management area;

Cleaning of shared facilities and equipment;

Domestic garbage collection and removal;

Fourth, security

content

Gate duty;

Inspection in the property management area;

Public alarm monitoring;

responsibility

Assist the public security department to do a good job in security prevention within the property management area. In the event of a safety incident, Party A shall promptly report to the relevant administrative department at the same time as it takes emergency measures to assist in the rescue work;

Assist the public security department in maintaining public order in the property area and fulfilling the responsibility for safety precautions;

Maintain the security order of the community;

Fifth, traffic order and vehicle parking

Content speed limit, weight limit, banned; vehicle access management; parking berth management; ____________.

Responsible vehicles are driven and parked in order; keep the community quiet; maintain traffic safety; ____________.

Sixth, house decoration management

Signed the "House Decoration Management Agreement" with the owner;

Perform publicity and inform the government of the obligations related to the decoration management regulations;

Dissuasion and suppression of illegal decoration activities;

Report to the relevant government administrative department in a timely manner.

Seven, fire management

content

Fire equipment management;

Flammable product management;

Fire propaganda;

____________.

responsibility

There is no shortage or failure of fire fighting equipment;

The fire exit is smooth;

Found a fire alarm in time, and actively organize fire extinguishing;

____________.

Eight, public greening

content

Greening and curing such as pruning, watering, fertilizing and de-worming;

Clean up public green space;

Necessary replanting;

____________.

responsibility

Timely maintenance to promote the normal growth of flowers and trees;

Keep the public green space clean and tidy;

Greening, less pests, no dead;

____________.

Article 3 Quality of Property Management Services

First, the appearance of the house

The exterior wall is not damaged, no random painting;

Anti-theft fence and air conditioner installed outdoors without violation of regulations;

There is no illegal construction of the premises;

____________.

2. Maintenance and management of shared parts and shared facilities and equipment

The shared parts are not damaged, and the shared facilities and equipment are operating normally;

Regular maintenance;

Special maintenance;

____________.

Third, environmental health

The environment is clean and pollution-free;

Domestic garbage Nissan is clear;

____________.

Fourth, greening

Properly maintained and regularly pruned;

Beautiful coordination;

____________.

Fifth, traffic order and vehicle parking

The road is smooth and orderly;

The vehicles are parked neatly;

____________.

Sixth, preservation

Uniform clothing, certified, and civilized duty;

Prevention of major liability fires, traffic accidents and criminal cases in the property management area;

____________.

7. Minor repairs and emergency repairs of shared parts and shared facilities

Minor repair: timely repair, completed within two days, and establish a registration and return visit system.

Urgent repair: 20 minutes to the scene, 24 hours of processing, and establish a registration, return visit system.

The timely rate of repairs by the owners is over 90%, and the qualified rate of maintenance quality is over 90%.

Eight,____________.

Article 4 Property Management Service Fees

1. Party B's payment time:

Second, the charging standard

Multi-storey apartment yuan / m2? month;

Villa yuan / m2? month;

Small high-rise, high-level yuan / m2? month;

Non-residential yuan / m2? month;

3. The vacant house of Party B shall be paid by Party B to Party A according to 70% of the property management fee standard;

4. When Party B leases the property, the property management service fee shall be paid by Party B or the lessee, and Party B shall be jointly and severally liable;

5. When Party B transfers the property, it shall pay the property management service fee before the transfer.

6. The energy consumption for the operation of the shared facilities and equipment not included in the property management service fee shall be apportioned to Party B in accordance with the provisions of the price department.

7. The parking space usage fee shall not exceed the current standard stipulated by the price department, and the parking space user shall pay to Party A according to the following criteria:

Open-air parking space:

garage:;

locomotive:;

bicycle:;

8. The costs of Party A's entrustment by Party B for the repair and maintenance of its own parts and self-use equipment and other special services shall be agreed by the parties themselves.

9. Other service items and charging standards provided by Party A to Party B shall be implemented with reference to the “Hangzhou Property Management Agency and Specialized Special Service Reference Charging Standards”.

Article 5 Use of Property Maintenance Fund

1. The use of the maintenance fund shall be submitted by Party A for the annual plan, and approved by the owners' meeting, and allocated by the municipal property management administrative department;

2. When the property maintenance fund is insufficient, it shall be decided by the owners' meeting, and the owner shall apportion the proportion of the building area of ​​the house to be owned;

3. When Party B transfers ownership of the house, the maintenance fund will not be refunded and will be transferred at the same time as the ownership of the house.

Article 6 Billboard Settings and Rights

1. Party A shall arbitrarily deploy, but shall not damage the overall view of the community and infringe on the rights and interests of the owners;

2. The special income shall be used for the maintenance and maintenance of the shared parts of the property and the shared facilities and equipment, and shall not be used for other purposes.

Article 7 Other agreed matters

One,__________________;

two,__________________;

three,__________________.

Article 8 Liability for breach of contract

1. Party A violates the agreement and fails to meet the objectives of the management service quality. Party B has the right to ask Party A to make corrections within a time limit. If it fails to make corrections within the time limit and causes losses to Party B, Party A shall bear corresponding legal liabilities;

2. If Party B violates the agreement and Party A fails to meet the agreed objectives of management service quality, Party A has the right to request Party B to make corrections within a time limit. If it fails to make corrections within the time limit and causes losses to Party A, Party B shall bear corresponding legal liabilities;

3. If Party A violates the agreement and raises the fees or charges indiscriminately, Party B shall have the right to request Party A to reimburse the fees, refund the interest and pay liquidated damages.

4. If Party B violates the agreement and fails to pay the property management service fee as agreed, Party A may collect liquidated damages or late payment fees in accordance with the contract, and has the right to request Party B to pay the late payment fee for each due date.

Fives,__________________.

Article 9 In order to safeguard the vital interests of the public, the owners and the users, Party B shall actively cooperate with unforeseen circumstances such as gas leakage, electric leakage, fire, water pipe rupture, rescue of human life, and assistance to public security organs in performing tasks. Party A’s emergency hedging measures taken at the time of the above-mentioned disasters. If Party A causes the property damage of Party B due to emergency measures, the two parties shall deal with it according to relevant laws and regulations.

Article 10 During the performance of this Agreement, in the event of force majeure causing this Agreement to be unenforceable, the parties shall deal with it in accordance with relevant laws and regulations.

Article 11 The texts filled in the spaces in this Agreement shall have the same effect as the printed characters. Matters not covered in this Agreement are implemented in accordance with relevant national laws, regulations and rules.

Article 12 If there is a dispute in the performance of this Agreement, the two parties may resolve it through consultation or mediation. If it is unwilling to negotiate, mediate or negotiate, or the mediation is invalid, the parties may deal with it in the following manner:

Submitted to the Arbitration Commission for arbitration;

Prosecuted to the people's court according to law.

Article 13 This Agreement shall be in two pages in duplicate. Each Party A and Party B shall hold one copy and have the same legal effect.

Article 14 The first agreement signed between Party A and the owner shall be sent by Party A to the local property management administrative department for the record.

Article 15 This Agreement shall enter into force on the date of signature.

person A person B:

Representative: Representative:

Year, month, day, month, day

Part 2: Early Property Management Services Agreement

Principal:

name:

Legal representative:

Registration:

See Chen Wen, editor: Legal Practice of Real Estate Development and Management, Law Press, 2005 edition. Place of residence:

Zip code:

contact number:

Trustee:

name:

Legal representative:

Registration:

Place of residence:

Zip code:

contact number:

Party A and Party B shall, in accordance with the provisions of relevant laws and regulations, on the basis of voluntariness, equality and consensus, and Party A shall entrust Party B to implement matters related to property management and reach an agreement.

Chapter I General Provisions

The basic condition of the first property

Property Name:

types of properties:

Location: District

Four to: southeast and northwest

Floor area: square meters

Building area: square meter

For details of the property composition of the entrusted management, please refer to Attachment 1 of this contract.

Article 2 The beneficiaries of the services provided by Party B are the owners and property users of the property.

Article 3 Party B shall participate in the completion acceptance of the property, and shall, in conjunction with Party A, handle the written handover of the property management when the property is handed over.

Article 4 The quality responsibility after the delivery of the property shall be borne in accordance with the relevant provisions of the State “Regulations on Quality Management of Construction Projects” and “Measures for Quality Assurance of Building Construction Projects”.

Chapter II Entrusted Management Services

Party B accepts the entrustment of Party A to provide the following property management services:

Article 5 Maintenance, maintenance and management of common parts of building construction, including: floor coverings, roofs, exterior walls, load-bearing structures, stairwells, corridor passages, foyers;

Article 6 Maintenance, maintenance, operation and management of shared facilities and equipment, including: shared water and sewage pipes, downpipes, garbage roads, chimneys, shared lighting antennas, central air conditioners, heating mains, heating boiler rooms, high pressure pump rooms, buildings Fire-fighting facilities, elevators, central monitoring equipment, lightning protection facilities for buildings;

Article 7 Maintenance, maintenance and management of ancillary buildings and structures, including roads, outdoor water and sewage pipes, septic tanks, ditches, pools, wells, bicycle sheds, parking lots;

Article 8 The maintenance and management of shared green spaces and flowers and trees;

Article 9 Maintenance, maintenance and management of ancillary supporting buildings and facilities, including commercial outlets, cultural and sports casinos

,

Article 10 Public environmental sanitation: including the cleanliness of public places and shared parts of houses, the collection of garbage, and clearing

Transport

Article 11 Management of traffic and vehicle parking order;

If the owner of the property management area parks the vehicle in the public place of the property management area, the parker shall sign a special contract with Party B and assume various responsibilities and obligations in accordance with the contract of the special contract.

Article 12 Maintenance of public order, including safety monitoring, inspection, and duty on duty; the matters stipulated in the preceding paragraph do not include the personal and property insurance and property custody of the owner, and Party B and the owner separately sign special items such as personal, property insurance and property custody. In the case of a contract, the responsibilities and obligations shall be assumed in accordance with the contract of the special contract.

Article 13 Management of engineering drawings, residential user files and completion acceptance data related to the property;

Article 14 assists in organizing cultural and recreational activities within the property management area;

Article 15 The owner and the owner of the property owner shall repair and maintain the self-management parts and self-use facilities and equipment. When the owner and the property user submit the entrustment, Party B shall accept the entrustment in principle. The specific charges shall be formulated and announced in accordance with Party B. The fees are negotiated separately by the parties;

Article 16: For owners and property users who violate the Owner's Temporary Convention or the Code of Practice for the Use of Property, take measures, report, persuade, stop, etc. according to specific behaviors and according to the seriousness of the circumstances;

Article 17 Other Entrusted Matters:

1. ;

2. ;

3. .

Chapter III Entrusted Management Service Term

Article 18 The term of the property management entrustment stipulated in this contract shall be tentatively set for the year, from the date of entry into force of this contract to the date of the year. Upon expiration of this contract, if the contract needs to be renewed, the parties will sign a separate written contract.

Article 19 This contract is naturally terminated when the term of the contract expires or the property management service contract signed by the owner's committee and the property management company selected by the owners' meeting is effective.

Chapter IV Rights and Obligations of Party A and Party B

Article 20 The rights and obligations of Party A

1. Before the sale of the property, the "Provisional Owners' Convention" shall be formulated to make an agreement on the use, maintenance and management of the property, the common interests of the owner, the obligations that the owner should perform, and the responsibilities that the contract should bear.

2. The Temporary Owners' Convention shall be clearly stated to the property purchaser prior to the sale of the property and the property buyer shall be required to make a written commitment to comply with the Owner's Provisional Convention when entering into the property sale contract.

3. When the property is completed and delivered for use, it is responsible for providing the property buyer with the housing quality guarantee and the house use manual.

4. To verify the property management plan prepared by Party B and issue a written review opinion within the day after Party B submits the above property management plan.

5. Inspect and supervise the implementation of Party B's management work and the implementation of the system and conduct an assessment every year; and report the management to the competent department of property management for the record.

6. To verify the annual plan, financial budget and final report of the property management service proposed by Party B and issue a written review opinion within the date of the submission of the above materials by Party B.

7. Ensure that the houses, facilities and equipment entrusted by Party B meet the national acceptance criteria and requirements. Within the warranty liability, if there is a quality problem, deal with it in the following way:

Party A is responsible for the repair;

Entrusting Party B to return to repair, Party A shall pay all expenses;

.

8. To provide Party B with commercial commercial premises within the day of the effective date of this contract, Party B shall rent it on a monthly basis per square meter, and its rental income shall be used only.

9. The property management house that provides the square meter construction area to Party B within the day of the effective date of this contract shall be used by Party B in the following manner:

Free use;

Rented on the basis of the building area per square meter per month, the rental income is only used.

10. At the time of property management handover acceptance, it is responsible for handing over the following information to Party B:

Completed plan of completion, single building, structure, equipment completion drawing, auxiliary supporting facilities, completion drawing of underground pipe network project, etc.

Technical information on the installation, use and maintenance of equipment and facilities;

Property quality warranty file and property use description file;

Other information necessary for property management.

11. The property management service expenses incurred in order to realize the property management service requirements stipulated in this contract shall be borne by Party A except for the owner and the property user paying the provisions as required.

12. Coordinate and handle the remaining management issues that occurred prior to the entry into force of this contract, including but not limited to the following:

;

.

13. Assist Party B to do a good job in property management, publicity, education and cultural activities.

14. Pay the property management service fee for vacant houses in a timely manner; provide special funds for property maintenance according to law.

15. Party A has the right to appoint a professional auditing agency to audit the income and expenditure of the property management services agreed in this contract.

16.

Article 21 The rights and obligations of Party B

1. According to the relevant laws, regulations and the provisions of this contract, formulate property management plans; independently carry out property management and management services.

2. Provide management rectification and improvement suggestions for project design and construction.

3. Equipped with staff to participate in the commissioning, acceptance and handover of shared parts and shared facilities in the property management area.

4. The owners and property users are required to report violations of laws and regulations.

5. In accordance with the provisions of this contract, the owner and the property owner shall be prohibited from handling and violating the owner's provisional convention or the property use code and related management regulations.

6. The special service business in the property management area can be entrusted to the professional service enterprise, but all property management in the region cannot be entrusted to the third party. If Party B entrusts the special service business in the property management area to the professional service enterprise, the relevant property management responsibility shall still be borne by Party B, the owner and the property user.

7. Responsible for the preparation of the annual maintenance and maintenance plan for houses and their affiliated buildings, structures, facilities, equipment, greening, etc., and the overhaul, intermediate repair, renewal and renovation plans after the expiration of the warranty period. After Party A and Party B have agreed, Party B shall Organization and implementation.

8. Inform the owner and the property owner of the relevant provisions on the use of the property. When the owner and the property owner decorate the property, inform the relevant precautions and prohibited acts, enter into a written agreement with the owner and the property user, and be responsible for supervision.

9. Responsible for the preparation of the annual management plan for property management, the use of funds and the final report, and submit the above plans and reports to Party A by the end of each month. After Party A's approval, it will be organized and implemented.

10. Responsible for publishing the property management service fee income and expenditure account to all owners and property users every month; and charging property management service charging items and charging standards, as well as charging items and charging standards for providing special services to owners and property users. It is published in writing in this property management area.

11. The public facilities of the property shall not occupy and change the functions of use without authorization. If it is necessary to renovate, expand or improve the supporting projects within the property, it shall be negotiated with Party A and submitted to the relevant departments for approval before Party A can approve the implementation; The use of shared parts.

12. It is not allowed to engage in business activities other than property services in the property management area; it is not allowed to infringe on the legitimate rights and interests of owners and property users in handling property management affairs.

13. Establish, properly keep and properly use the management files of the property, and be responsible for timely recording the changes.

14. At the termination of this contract, Party B shall, within the day of the termination of this contract, transfer to Party A all the archives of all commercial commercial buildings, management houses and property management provided by Party A.

15. Accept the supervision of the owner, property owner, Party A and the property management department, continuously improve the property management services, and report the implementation of this contract to Party A in writing on a regular basis.

16.

Chapter V Quality Management Service Quality Standards

Article 22 Party B shall complete the property management matters stipulated in this contract in accordance with the following standards:

1. Appearance of the house: intact and neat; organize the implementation of cleaning the external wall every year; public interior walls, corridor stairs, etc. are painted every year; public security doors are refreshed every year;

2. Equipment operation: the elevator runs according to the specified time; the equipment such as pumps and generators are inspected daily;

3. Maintenance and maintenance of houses, facilities and equipment: the roof and house leaks are repaired;

4. Public environment: roads:; indoor and outdoor drainage; manhole cleaning once;

5. Cleanliness:

The public venue is cleaned daily by standard;

Elevator hygiene is cleaned and cleaned every day;

Regularly organize the implementation of septic tank cleaning;

.

6. Greening: The greenland integrity rate is above %;

7. Traffic order: indoor parking lot is kept for one hour;

8. Preservation: Implement the hourly security system, set the post, and take turns in the hour;

9. Urgent repair: water stop does not exceed hours; power outage does not exceed hours; sewers, manhole blockages do not start within hours; minor repairs: start within hours of repair;

10. The satisfaction rate of the owner and the property user to Party B is: %.

For the details of the above-mentioned property management service quality standards, please refer to the attached file II of this contract.

Chapter VI Property Management Service Fees

Article 23 Property Management Service Fees

1. The management service fees of the property shall be subject to the relevant provisions of the State and Beijing related property management service fees.

2. The property management service fee, the residential house shall be paid by the landlord to Party B per square meter per month of the building area; the non-residential house shall be paid by the landlord to Party B per square meter per month of the building area. The property management fee includes the following fees:

3. The property management service fee is paid once per [month] / [season] / [six months], and the time for each payment is .

4. The property management service fee for vacant houses shall be paid to Party B by the amount per square meter per month of the building area.

5. The adjustment of the property management service fee standard shall be adjusted.

6. If the owner rents out the property he owns, the property management service fee to be paid by the owner shall be paid by the owner. If the owner and the lessee have agreed otherwise, the owner shall submit the agreement to Party B for the record and the service fee for the property management. There are joint and several liabilities for payment.

7. When the owner transfers the property, he shall pay the property management service fee that the owner should bear before the transfer.

8. The operation and energy consumption of the shared facilities and equipment not included in the property management service fee shall be shared according to the actual usage of the [house]/[the property] households.

9. If the owner and the property owner fail to pay the property management service fee, they shall be dealt with in the following manner:

Paying late fees on a daily basis from the date of overdue;

From the date of overdue, the daily payment of the property management service fee is 10,000 yuan;

.

Article 24 The parking space usage fee shall not be higher than the current standard stipulated by the authorized department, and the parking space user shall pay to Party B according to the following criteria:

1. Open-air parking spaces: daily yuan, monthly yuan, annual yuan;

2. Garage: daily yuan, monthly yuan, annual yuan;

3. Locomotive: daily yuan, monthly yuan, annual yuan;

4. Bicycle: daily yuan, monthly yuan, annual yuan;

5. .

Article 25 The costs of the repair, maintenance and other special services of the self-use parts and self-use equipment of the self-use parts and self-use equipment entrusted by the owner and the property owner shall be agreed by the parties themselves.

Article 26 Other service items and charging standards provided by Party B to the owners and property users are as follows:

1. ;

2. ;

3. .

Article 27 Maintenance and maintenance costs of shared parts, shared facilities, equipment and public places of houses:

1. Party A shall bear the maintenance and maintenance costs of the shared parts, shared facilities and equipment, public places within the warranty period.

2. It is not covered by the warranty, maintenance and maintenance costs, and the owner shall bear the share of ownership owned by the owner.

3. After the expiration of the warranty period, the cost of overhaul, medium repair, renewal and renovation of the shared parts and shared facilities of the property shall be included in the special funds for the maintenance of the property.

Chapter VII Liability for breach of contract

Article 28 Party A violates the provisions of Article 20 of this contract, so that Party B has not completed the agreed management objectives, and Party B has the right to request Party A to resolve within a certain period of time. If the overdue period is not resolved, Party B has the right to terminate the contract; If the party breaches the contract and causes economic losses to Party B, Party A shall give Party B financial compensation.

Article 29 If Party B violates the agreement in Chapter 5 of this contract and fails to meet the agreed management objectives, Party A has the right to request Party B to rectify within a time limit and meet the standards stipulated in this contract; if it is not rectified within the time limit, or if the rectification does not comply with this contract If agreed, Party A has the right to terminate the contract; Party B shall give Party A financial compensation for Party B's breach of contract to cause economic losses to Party A.

Article 30 If Party B violates the provisions of Chapter 6 of this contract and raises the charging standard without authorization, Party A shall have the right to urge and request Party B to retreat the fees, refund the interest and pay the liquidated damages; thereby causing economic losses to Party A. Party B shall give Party A financial compensation.

Article 31 If either party A or Party B fails to reasonably terminate this contract in advance, it shall pay the other party liquidated damages; if the economic losses caused to the other party exceed the liquidated damages, compensation shall be paid for the excess. .

Article 32 If, due to reasons such as the quality of building construction, the quality of equipment and installation or the installation technology, the function is not achieved and a major accident is caused, Party A shall assume responsibility and handle it afterwards. If a serious accident is caused by improper management or improper operation of Party B, Party B shall be responsible and responsible for the aftermath. The direct cause of a quality accident shall be subject to the appraisal of the relevant competent authority.

Article 33 If either Party A or Party B obtains the management power through unfair competition means or causes the other party to lose management power, or causes economic losses to the other party, the party that imposes the damage shall bear full responsibility.

Article 34 If, due to a breach of contract by a party, the contract is terminated early, the party who proposes to terminate the contract shall promptly notify the other party, and the contract shall be terminated when the written notice is delivered to the other party.

Article 35 If the term of this contract expires or the contract is terminated earlier, Party A and Party B shall complete all property management handover procedures within the day after the termination of this contract.

Chapter VIII Supplementary Provisions

Article 36 Within the day after the effective date of this contract, according to the entrusted management matters of Party A, the procedures for handover acceptance shall be completed.

Article 37 In order to safeguard the vital interests of the public, the owners and the property users, in the event of unforeseen circumstances, such as gas leaks; leakage, fire, water pipes bursting, saving lives, assisting public security organs in performing tasks, etc., Party B If the owner’s necessary property losses are caused by emergency hedging measures, the parties shall deal with them in accordance with relevant laws and regulations.

Article 38. Party A and Party B may, by consensus, supplement the terms of this contract and sign a supplementary agreement in writing. The supplementary agreement shall have the same effect as this contract.

Article 39 The subsidiary files of this contract are valid components of this contract. In this contract and its accompanying files, the text in the space section is equivalent to the printed text.

Article 40 The matters not covered by this contract and its subsidiary files and supplementary agreements shall be implemented in accordance with the relevant laws, regulations and rules of the People's Republic of China.

Article 41 The original of this contract, together with the subsidiary files, shall be in three copies. Each of Party A and Party B and the property management administrative department shall hold one copy and have the same legal effect.

Article 42 During the execution of this contract, in case of force majeure, the contract cannot be fulfilled, and Party A and Party B shall promptly negotiate and deal with it according to relevant laws and regulations.

Article 43 If there is a dispute in the performance of this contract, Party A and Party B shall settle the dispute through friendly negotiation. If the negotiation fails, Party A and Party B agree to resolve the following methods:

Submitted to the Arbitration Commission for arbitration;

Prosecuted in accordance with the law in a people's court with jurisdiction.

Article 44 This contract shall come into effect from its inception.

Article 45 If the relevant content of this contract is inconsistent with the currently valid laws, regulations, rules and government files, the agreement is invalid. In the performance of this contract, in the event of changes in relevant national laws, regulations, rules and government files, it shall naturally be implemented in accordance with the relevant laws, regulations, rules and government files of the country after the change.

Party A signature: Party B signature:

Legal representative: legal representative

Authorized representative: Authorized representative:

Date: Year Month Day Date: Year Month Day

Contract signing place:

Attached files:

I. Details of the property composition

Second, the quality objectives of wood property management

Third, the management plan of the property

Part 3: Early Property Management Services Agreement

1. The parties to the contract:

Principal:

Contact:

contact number:

Trustee:

Property Management Officer:

contact number:

Second, the basic status of the property:

Property Name:

types of properties:

Property location:

The total construction area of ​​the property: ______ square meters, of which: ______ square meters of completed construction area, ______ square meters still under construction; according to the type of property, specifically: 1 residential building area, total ______ square m; detached house ______ building ______ set, ______ square meters; multi-storey residential ______ building ______ unit ______ set, ______ square meters; 8-9 storey ______ ______ sets, ______ square meters; 10-20 storey ______ buildings ______ sets, ______ square meters; 21-30 storey ______ buildings ______ sets, count _ _____ square meters; 31 floors above residential ______ building ___ sets, ______ square meters; 2 business office ______ building, number of floors ______, number of sets ______, total floor area ______ Square meter; 3 commercial buildings ______ building, number of floors ___, number of sets ______, total building area ______ square meters; 4 industrial buildings ______ building, total building area ______ square meters; 5 maneuver The total construction area of ​​the parking lot is ______ square meters, parking spaces ______; ground parking garage ______, building area ______ square meters, ground parking spaces ______; 6 other rooms ______, Building area ______ square meter

Third, the property management public service fee standard:

Fourth, the property management period: ______ year ______ month ___ day ______ to ______ year ______ month ______ day ______

5. Documents presented by Party B to Party A:

1. Business license of the company, number:

2. Enterprise property management qualification certificate, number:

3. Other relevant performance certificate files:

6. Filing time and filing authority:

Filing authority:

Filing time: ______ years ______ months ___ days

Description:

1. Party B shall hold the contract record and the original contract and relevant documents to the property management department at the place where the property is located for the record of the contract.

2. The registration form of this contract filed by the filing authority shall be accepted by Party B. When conducting the annual qualification examination of the enterprise and the qualification of the enterprise, it shall be submitted to the property management department together with the official text of the contract.

3. The relevant contents of this contract record and contract text should be consistent.

4. The owner may inquire the property management authority for the contract record information.

Preliminary property management service contract

Chapter I General Provisions

Article 1 Party of this contract

Principal:

company name:

Legal representative:

Registered address:

contact number:

Trustee:

Company Name:

Legal representative:

Registered address:

contact number:

The pre-property management refers to the property management from the date of the sale of the house to the time when the property management service contract signed by the owner's committee and the property management enterprise selected by the owners' meeting is effective.

In accordance with relevant laws and regulations, on the basis of voluntariness, equality and consensus, Party A shall entrust ______ to Party B to implement property management and enter into this contract.

Article 2 Basic Conditions of the Property

Property Name:

types of properties:

Location: ______ District County ______ Road ______

Four to: East ______ South ______ West ___ North ______

Floor area: ______ square meters

Building area: ______ square meters

For details of the property composition of the entrusted management, see Attachment File 1.

Article 3 The beneficiaries of the services provided by Party B shall be the owners and property users of the property; Party B shall participate in the completion acceptance of the property and shall, in the case of the transfer of the property, go through the formalities of written handover with the property management; The responsibility for quality shall be borne in accordance with the provisions of the State “Quality Management Regulations for Construction Projects” and “Quality Assurance Measures for Building Construction Projects”.

Chapter II Entrusted Management Services

Article 4 The maintenance, maintenance and management of the common parts of the building's building body include: floor, roof, exterior wall, load-bearing structure, stairwell, corridor passage, foyer, ______.

Article 5 Maintenance, maintenance, operation and management of shared facilities and equipment, including: shared water and sewage pipes, downpipes, garbage roads, chimneys, shared lighting, antennas, central air conditioners, heating mains, heating boiler rooms, high-pressure pump rooms, Fire protection facilities, elevators, central monitoring equipment, lightning protection facilities for buildings, ______.

Article 6 Maintenance, maintenance and management of ancillary buildings and structures, including roads, outdoor water and sewage pipes, septic tanks, ditches, pools, wells, bicycle sheds, parking lots, ______.

Article 7 The maintenance and management of shared green spaces, flowers and trees, architectural essays, etc., ______.

Article 8 The maintenance, maintenance and management of ancillary supporting buildings and facilities, including commercial outlets, cultural and sports entertainment venues, ______.

Article 9 Public environmental sanitation, including the cleaning and sanitation of public places and shared parts of houses, the collection and removal of garbage, ______.

Article 10 Management of traffic and vehicle parking order, ______.

The owner and property owner in the property management area shall park the vehicle in the public space of the property management area, and the parker shall sign a special contract with Party B.

Article 11 Maintenance of public order, including security monitoring, inspections, on-the-job duty, ______.

The matters stipulated in the preceding paragraph shall not include the personal and property insurance and property custodian responsibility of the owner and the user, unless Party B and the owner and the user sign a separate contract.

Article 12 Management of project drawings, residential user files and completion acceptance data related to the property, 鹞_____.

Article 13 assists in organizing community cultural and recreational activities.

Article 14 The maintenance and maintenance of the owner's and the user's self-use parts, self-use facilities and equipment shall be accepted by the parties in principle, but the fees shall be negotiated by both parties.

Article 15: Owners and property users violate the Owner's Temporary Convention or the Code of Practice for the use of the property, and take measures such as reporting, persuasion, suppression, and ______ according to the specific behavior and according to the seriousness of the case.

Article 16 Other entrusted matters:

1. If the warranty is on behalf of the warranty period, the cost shall be borne by the person responsible for the warranty;

2. 鹞_______________________________________________;

3. 鹞_______________________________________________.

Chapter III Entrusted Management Service Term

Article 17 The term of entrusted management is tentatively set at ________ years. From ____________________________________________________________________________________________________________________________________________________________________________________________________________________ This contract is naturally terminated when the contract expires or the owner's committee is established and the property management company hired by the owners' meeting signing the property management service contract becomes effective.

Chapter IV Rights and Obligations of Both Parties

Article 18 Party A's rights and obligations

1. Before the establishment of the owners' committee, it is responsible for formulating the "Provisional Owners' Convention" to allow the purchaser to make a written commitment to the Owner's Provisional Convention when entering into the property sales contract, and to include the contents of this contract in the sales and purchase contract entered into with the purchaser; Or responsible for the purchaser and Party B to sign the "Pre-Property Management Service Agreement" and its subsidiary files "Property Use Rules" and "House Decoration Management Agreement" as an auxiliary file of the rental contract; when the property is completed and delivered Responsible for providing housing quality assurance documents and housing instruction manuals to buyers;

2. To verify the property management plan prepared by Party B;

3. Inspect and supervise the implementation of the management work of Party B and the implementation of the system and conduct an assessment every year; and report the management to the competent department of property management for the record;

4. Examine the annual plan, financial budget and final report of the property management service proposed by Party B;

5. The houses, facilities and equipment entrusted to Party B shall meet the requirements of the national acceptance criteria;

Within the warranty liability, if there are quality problems, deal with the following ________:

[1] Party A is responsible for the repair;

[2] Entrust Party B to return to repair and spend all expenses;

[3] ________________________.

6. The commercial commercial house with a construction area of ​​________ square meters shall be provided to Party B within _______ days from the effective date of the contract, and Party B shall rent it at a rate of ________ yuan per square meter per month. _______________________________ ;

recommended article

popular articles